The plaintiff may recover any specific or any undivided part or share of the premises, though it be less than he claimed in the motion for judgment.
§ 8.01-144.Recovery of part of premises claimed.
Chapter 3. Actions · Article 14. Ejectment · Last amended 1977 · Last verified July 16, 2026
In one sentenceSection 8.01-144 allows an ejectment plaintiff to recover any specific portion or any undivided share of the claimed premises, even when that recovery amounts to less than what the plaintiff originally claimed in the motion for judgment.
Full Text of § 8.01-144
Plain-English Summary
Section 8.01-144 gives the court flexibility to award partial relief in an ejectment case. The plaintiff is not limited to an all-or-nothing outcome tied strictly to the full scope of the claim.
Even if the evidence supports recovery of only a specific part of the premises, or only an undivided part or share of them, the plaintiff can still recover that lesser amount — even though it falls short of what the motion for judgment originally sought.
Frequently Asked Questions
Can an ejectment plaintiff recover less than what was originally claimed?
Yes. Section 8.01-144 allows recovery of any specific or undivided part or share of the premises, even if it is less than the amount claimed in the motion for judgment.
What is the difference between a “specific” part and an “undivided” share under this section?
A specific part refers to a defined portion of the land itself, while an undivided share refers to a fractional interest in the whole property rather than a physically separate piece.
Does claiming the entire property risk losing everything if the plaintiff cannot prove full title?
No. Because Section 8.01-144 allows recovery of a lesser part or share, a plaintiff who claims the whole property but proves entitlement to only part of it can still recover that part.
How does this section relate to what the verdict must specify?
Section 8.01-151 requires the verdict to particularly specify whatever part or share is proved, with the same certainty of description required in the motion for judgment, which is what makes a partial recovery under Section 8.01-144 workable.
Does this section change what the plaintiff must prove?
No. It addresses only the scope of recovery available once the plaintiff’s proof is established — allowing that recovery to match the proof even when the proof covers less than the full original claim.
Amendment History
Code 1950, § 8-814; 1954, c. 333; 1977, c. 617.
Source & verification. Section text and amendment history are
reproduced verbatim from the Code of Virginia, published by the
Code of Virginia, Virginia Division of Legislative Automated Systems. Last verified July 16, 2026.
· Official source
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